4.5-11 Hindering Prosecution in the
Second or Third Degree -- § 53a-165, § 53a-166, § 53a-167

Revised to December 1, 2007

Note: General Statutes § 53a-165
defines the offense of hindering prosecution. The degree of the offense depends
on the classification of the underlying crime. See § 53a-166 (second degree:
class A or B felony or an unclassified felony for which maximum penalty is
imprisonment for more than 10 years); § 53a-167 (third degree: class C or D
felony or an unclassified felony for which maximum penalty of imprisonment is
less than 10 years but more than one year).

The defendant is charged [in count
___] with hindering prosecution in the (second / third) degree. The statute
defining this offense reads in pertinent part as follows:

a person is guilty of hindering
prosecution in the (second / third) degree when such person renders criminal
assistance to another person who has committed <select appropriate degree:>

Second degree:
a class A or class B felony or an unclassified felony for which the maximum
penalty is imprisonment for more than ten years.

Third degree:
a class C or class D felony or an unclassified felony for which the maximum
penalty is imprisonment for ten years or less but more than one year.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Criminal assistanceThe first element is that the
defendant rendered criminal assistance. A person "renders criminal assistance"1
when, with intent to prevent, hinder or delay the discovery or apprehension of,
or the lodging of a criminal charge against, a person whom (he/she) knows or
believes has committed a felony or is being sought by law enforcement officials
for the commission of a felony, or with intent to assist a person in profiting
or benefiting from the commission of a felony, (he/she) <insert as
appropriate:>

harbors or conceals
such person. To "harbor" means to provide a place of protection to.

warns such person
of impending discovery or apprehension.

provides such
person with money, transportation, weapon, disguise or other means of avoiding
discovery or apprehension.

prevents or
obstructs, by means of force, intimidation or deception, anyone from performing
an act which might aid in the discovery or apprehension of such person or in the
lodging of a criminal charge against (him/her).

suppresses, by an
act of concealment, alteration or destruction, any physical evidence which might
aid in the discovery or apprehension of such person or in the lodging of a
criminal charge against (him/her).

aids such person to
protect or expeditiously profit from an advantage derived from such crime.

Element 2- Third party felonyThe second element is that (he/she)
rendered criminal assistance to a person who committed <insert as
appropriate:>

a class A or class
B felony or an unclassified felony for which the maximum penalty is imprisonment
for more than ten years.

a class C or class
D felony or an unclassified felony for which the maximum penalty is imprisonment
for ten years or less but more than one year.

According to the law, <insert
offense> is a <insert classification of offense>. The elements of <insert
crime> are as follows: <see instruction on offense>.

Please bear in mind, however, that
although the person to whom the defendant rendered assistance must have actually
committed <insert offense>, (he/she) need not have been arrested,
prosecuted, or convicted of the offense.

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant rendered criminal assistance to
<insert name of third party>, and 2) <insert name of third party>
committed <insert offense allegedly committed by third party>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
hindering prosecution in the (second / third) degree, then you shall find the
defendant guilty. On the other hand, if you unanimously find that the state has
failed to prove beyond a reasonable doubt any of the elements, you shall then
find the defendant not guilty.
_______________________________________________________

It is error to instruct the jury as
a fact that the underlying crime was committed. The state must prove that the
person to whom assistance was rendered actually committed the crime, either
through a certificate of conviction or through independent evidence. State
v. Rodriguez, 7 Conn. App. 470, 472 (1986).